Autore
Festa, Angela

Titolo
La protezione temporanea dei minori in fuga dall'Ucraina: teoria e pratica di un istituto alla prova della sua prima applicazione
Periodico
Freedom, security & justice (Online)
Anno: 2024 - Fascicolo: 3 - Pagina iniziale: 263 - Pagina finale: 289

Temporary protection has been introduced in the European Union legal order by Directive 2001/55/EC. In more than twenty years from its entry into force, the tool has never been activated, leading the European Commission to consider its repeal. However, on 4 March 2022, a few days after the beginning of the Russian aggression against Ukraine, the Council of the European Union unanimously decided to trigger it for the very first time to give people fleeing the war immediate protection with a status which includes a temporary residence permit, access to education, labor market and other social service benefits. The unprecedented decision testifies that the EU is legally equipped to manage mass influx of migrants assumed there is the political will to do it. Analyzing the first activation of the instrument in the Ukrainian case, the article reconstructs the temporary protection regime and deals with the protection ensured to minors. In its conclusions, it focuses on some critical points of the temporary protection regime, underlining that it constitutes, in any case, an interim solution and that, due to the persistence of the conflict, it is essential to start reflecting upon the next steps to take to promote more stable solutions, in particular to protect one of the most vulnerable categories of migrants, such as minors.



SICI: 2532-2079(2024)3<263:LPTDMI>2.0.ZU;2-K
Testo completo: https://www.fsjeurostudies.eu/files/FSJ.3.2024.12.FESTA.pdf

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